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Decentralization of Personnel Authority to Local Governments: A Discussion of 2007 Amendment of Local Government Act Articles 56 and 62

Decentralization of Personnel Authority to Local Governments: A Discussion of 2007 Amendment of Local Government Act Articles 56 and 62

Wu-Lung Yang*, Chung-Yung Hsiung**

Abstract

The July 2007 amendment of the Local Government Act (hereinafter referred as the Act) touches upon: (1) the streamlining of county (city) government units and related subordinate agencies; and (2) the attributes of level-1 unit heads (subordinate agency heads) and adjustment of pay grades by job function. Of these, the latter has a direct bearing on the interests of civil servants and voter support, making it a primary concern for elected representatives. Since the institutionalization of local autonomy, i.e. ruled by the constitution and the law, this has become a chief area of concern among county (and city) governments, elected representatives, and local civil servants. This paper offers an analysis of the academic basis for modification of the attributes of major local government positions and elevated pay grade rankings and related modes of operation. Further, it notes that using the Legislative Yuan-led revision of the Local Government Act as a shortcut for the advancement of pay grades and other resources, central government personnel authorities have lost regulatory authority over major local government pay grades, so that in the future counties (and cities) and even towns and villages will exploit this avenue to gain greater authority over personnel matters.

Keywords: Local Government Act, professional position attributes, pay grade, level-1 unit heads/subordinate agency heads

* Associate Professor, Department of Government and Law, Kaohsiung University.
**Senior Executive Officer, Examination Yuan.